04. MCA-2006-03
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
MCA-2006-03
City of Cupertino
Various
City-wide
Agenda Date: September 26, 2006
Summary: Municipal Code Amendment of Chapter 19.68 relating to the permitted
and conditional uses in the Parks and Recreation (PR) Zone.
RECOMMENDATION
Staff recommends that the Planning Commission:
. Recommend approval to the City Council of MCA-2006-03
BACKGROUND:
The Blue Pheasant bar and restaurant operates in a City-owned facility adjacent to
Blackberry Farm Golf Course. The restaurant has been in business for over'thirty-five
years. Until Spring 2004, the Blue Pheasant stayed open until 2 AM on weekends and
most customers go there for dancing. The Blue Pheasant is located on an approximate
two-acre parcel. The parking is shared with the golf course; the lease designates 91
spaces for the restaurant. The pro shop for the golf course is on the lower level of the
building.
The City of Cupertino acquired the Blue Pheasant building with Blac~berry Farm
Picnic Grounds and Golf Course in 1991, and inherited the lease. At the time of
purchase, the lessee was in the final years of a 10-year agreement with an option to
renew for an additional 10 years. The City honored the ten-year lease extension per
the Blackberry Farm Sales Agreement. Then, eighteen months prior to the March 31,
2004 lease expiration, staff negotiated a new lease (through 2009 with another renewal
option) based on an 11 PM restaurant/bar closure. The 11 PM closure was important
to the surrounding property owners, but is a limitation on business viability.
DISCUSSION:
The Blue Pheasant hours of operation became an issue after the City acquired the
property and annexed it. Prior to annexation, the property was under the jurisdiction
of Santa Clara County. Once a part of Cupertino, it became subject to city zoning. The
"Park" General Plan designation was assigned and the applicable PR zoning applied.
The current land use/ zoning designation allows for some accessory uses within a
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MCA-2006-03 - Parks and Recreation Zone, Ch. 19.68
September 26, 2006
Page 2
public park. Food service is interpreted as allowable at the golf course (until 11 p.m.),
but operation of a cocktail lounge is not.
The current owner of the Blue Pheasant, Mike Tsachres, in 2005 asked the City (as
property owner) for a General Plan amendment, zone change and a conditional use
permit (CUP) to allow the bar to open until (the historical) 2AM. Mr. Tsachres'
request for rezoning was only for two acres of Blackberry farm on the east side of the
creek adjacent to Stevens Creek Blvd. (the current building site and parking lot). The
City Council initiated the process, but made no assurances regarding the outcome of
the public review. Since acquiring the business in May 2005, Mr. Tsachres has been
closing at 11PM.
Ultimately, the request for a General Plan amendment, zone change to General
Commercial and CUP was denied by the City Council. Several Council members
opined that changing the General Plan designation from Park to General Commercial
was a betrayal of public trust as the property was acquired for open space.
Mr. Tsachres has asked again to stay open later. He has now limited his request for a
time extension until midnight, three nights a week (a total of three more hours of
operation per week). Staff has considered this request and with Council's direction,
offers an alternative: The Council, after two public hearings, could amend the zoning
code to allow issuance of a CUP in the PR zone. If Council approves the amendment,
Mr. Tsachres could apply for a CUP and go through the public review process with the
Planning Commission. The CUP is a tool for controlling use. If the operator does not
comply with permit conditions the business can be shut down. The Council's decision
to create a mechanism for issuing a CUP in the PR zone does not guarantee that Mr.
Tsachres will be suc'cessful in obtaining one. It would give him the opportunity to
apply.
Staff supports the proposed zoning code amendment because it allows the same rights
to an existing commercial use, the Blue Pheasant, that other commercial uses have in
Cupertino, which is the right to apply for a use permit. The burden of proof regarding
neighborhood impacts will be upon the applicant, at the time a use permit is
considered. In addition, the amendment is tailored to accommodate only this existing
commercial establishment, and will not foster new, late-night commercial uses in park
zones.
Suggested Code Amendment
The proposed language for Chapter 19.68 Park and Recreation (PR) Zones:
19.68.030 Pennitted uses
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MCA-2006-03 - Parks and Recreation Zone, Ch. 19.68
September 26, 2006
Page 3
Add:
F, Restaurant with or without bar operating in a city owned facility adjacent to a golf course,
open no later than llPM.
Also add:
19.68.035 Conditional Uses -- Use Permit Required
The following use may be permitted in the Park and Recreation Zone, subject to the securing of
a Conditional Use Permit
A. Restaurant with or without bar operating in a city owned facility adjacent to a golf course,
open later than llPM, but no later than midnight.
Parks and Recreation Commission
On September 7, 2006, the Parks and Recreation Commission reviewed the Code
Amendment proposal and recommended to the Planning Commission and City
Council to approve the amendment provided that any potential noise and parking
issues be addressed and mitigated at the future Use Permit approval process.
Prepared by:
Approved by:
Gary Chao, Associate Planner c::::::;:::-()
Steve Piasecki, Director of Community Development CY
Attachments
Planning Commission Model Resolution
Proposed Ordinance Amendment
Letters received from neighbors
4-3
MCA-2006-03
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 19.68 OF THE
CUPERTINO MUNICIPAL CODE RELATED TO THE PERMITTED AND CONDITIONAL
USES IN THE PARKS AND RECREATION (PR) ZONE.
-----------------------------------------------------------
-----------------------------------------------------------
Recommendation of approval is based on Exhibit A.
-----------------------------------------------------------
-----------------------------------------------------------
PASSED AND ADOPTED this 26th day September 2006 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Ciddy Wordell
City Planner
Marty Miller, Chairperson
Planning Commission
G:\PDREPORT\RES\2006\MCA-2006-03, BLUEPHEASANT.doc
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EXIHIBIT A - Proposed Ordinance Amendment
19.68.030 Permitted Uses.
The following uses shall be permitted within the PR zoning district:
A, Parks, playgrounds, and recreation facilities, as regulated by Title 13 of this
code;
B. Agricultural uses such as crop and tree farming, and the keeping of
domestic barnyard animals;
C. Single-family residences for the purpose of housing a caretaker for the
park. As used herein the term" caretaker" means a person or persons
whose duty it is to maintain surveillance of the park areas during and after
the hours of park operation. The residence may take the form of a
mobilehome as well as a permanent residential structure;
D. Accessory facilities and uses customarily incidental to permitted uses and
otherwise conforming with the provisions of Chapter 19.80 of this title;
E. Parking facilities as necessary for park usage. (Ord. 1601, Exh. A (part),
1992;
F. Restaurant with or without bar operating in a city owned facility adiacent
to a golf course, open no later than IlPM.
19.68.035 Conditional Uses
The following use may be pennitted in the Park and Recreation Zone,
subiect to issuance of a Conditional Use Pennit:
A. Restaurant with or without bar operating in a city owned facility adjacent
to a golf course, open later than 11 PM, but no later than midnight.
4-S
Gary Chao
From:
Sent:
To:
Subject:
Kiersa Witt on behalf of City of Cupertino Planning Dept.
Wednesday, September 20,20065:26 PM
Gary Chao
FW: Municipal Code Amendment re Blue Pheasant Restaurant
-----Original Message-----
From: Ernest Lantz [mailto:ernestlantz@comcast.net]
Sent: wednesday, September 20, 2006 2:22 PM
To: city of Cupertino Planning Dept,
Subject: Municipal Code Amendment re Blue Pheasant Restaurant
I strongly agree that the Blue Pheasant Restaurant should be allowed to be open for
business untill midnight.
The Restaurant has been there for many years before housing came
across Stevens Creek Blvd.
It is a fine restaurant and people need to have a place to go for dinner and dancing.
Sincerely, Malle o. Freudig
Palo vista Rd, cupertino
1
4-LP
Gary Chao
_._____._.___~.___._________~_ ~___~.._..._.________.__..~._~.__._.__"__." .~...._ .....,._.___.._..__._m..~..._.._.~___+__.
__.-___.__._~.__.~_._._.._..__._..__._._'_ _._.n
From: Kiersa Witt on behalf of City of Cupertino Planning Dept.
Sent: Wednesday, September 20,2006 5:25 PM
To: Gary Chao
Subject: FW: Public Hearing Notice for Appl. # MCA-2006-03
-----Original Message-----
From: PROsorio@aol.com [mailto:PROsorio@aol.com]
Sent: Wednesday, September 20,2006 11:59 AM
To: City of Cupertino Planning Dept.
Subject: Public Hearing Notice for Appl, # MCA-2006-03
I am in favor of approving the Blue Pheasant for conditional operation until midnight as long as noise control
and security are adequate. This restaurant has been serving the community for many years and has been a
responsible neighbor.
Thank you,
Penny Osorio
22172 Wallace Drive
Cupertino, CA 95014
9/21/2006
4-1-
Gary Chao
From:
Sent:
To:
Subject:
Kiersa Witt on behalf of City of Cupertino Planning Dept.
Tuesday, September 12,200611 :14 AM
Gary Chao
FW: Blue Phesant
-----original Message-----
From: victor G. Mossotti [mailto:mossotti@usgs.gov]
Sent: sunday, september 10, 2006 5:56 PM
To: city of Cupertino Planning Dept.
Subject: Blue Phesant
Dear Commission
In my view, the BP has the right to stay open until midnight. The BPhesantt was in it's
present location long before the neighborhood transformed into a bedroom community. It has
served the community as the one and only adult night-spot/club for many many years. Gang
people don't get into fights there. people simply have ~ grand time.
God knows we need a place to let-off little steam.
victor G. Mossotti
22964 Longdown Rd
Cupertino, CA 95014
1
-4-5
1:) lUe t' neasam
Gary Chao
From: Kiersa Witt on behalf of City of Cupertino Planning Dept.
Sent: Tuesday, September 12, 200611 :14 AM
To: Gary Chao
Subject: FW: Blue Pheasant
-----Original Message-----
From: Houlsby, Dennis (SC) [mailto:dhoulsby@guidanLcom]
Sent: Monday, September 11, 20069:33 AM
To: City of Cupertino Planning Dept.
Subject: Blue Pheasant
Planning Commission Members.
I fully support the amendment to the Municipal Code to allow the Blue Pheasant to operate until midnight. The
Blue Pheasant is a one of the few adult restaurant/ lounges in Cupertino. It has been an asset to the community
long before I moved here 18 years ago. Even new acquaintances have fond memories of the Blue Pheasant
during some part of their life. Allowing the Blue Pheasant to continue to operate in its current location is in the
best interests of the community. I live above the Blue Pheasant off of Janice, and have no issue with noise or
traffic. In fact, I am not aware of any rowdy behavior that would warrant limiting its hours of operation even until
2:00 am, like other restaurant/lounges in Santa Clara County.
Regards,
R. Dennis Houlsby
10255 Mira Vista Road
Cupertino
9/21/2006
A-~
Message
Gary Chao
From: Kiersa Witt on behalf of City of Cupertino Planning Dept.
Sent: Tuesday, September 12, 2006 11 :12 AM
To: Gary Chao
Subject: FW: Public Hearing Regarding the Blue Pheasant
-----Original Message-----
From: Barbara Jones [mailto:northbaj@worldnet.att.net]
Sent: Friday, September 08, 2006 3:50 PM
To: City of Cupertino Planning Dept.
Subject: Public Hearing Regarding the Blue Pheasant
I see no good reason why the Blue Pheasant cannot stay open until midnight. We need businesses in this
community, and the Blue Pheasant has always been a special place to eat. Ifthey can stay open until
midnight perhaps whoever is running it this time can make a profit from it.
Barbara Jones, 10380 Castine Ave., Cupertino
9/21/2006
--4-\0
Gary Chao
_.-._..~.._....-.-.~--'--'--'-' _..~~-_._--_._---_.._..~-_..__...__._--_._---"_.,-,.._.,....~..-._~...._-_.._-_..~_._..._.._..._._-----~-_.......,...._.------_._..._...----_._--,-~._---_.__.~.._~-
From: Kiersa Witt on behalf of City of Cupertino Planning Dept.
Sent: Tuesday, September 12, 200612:16 PM
To: Gary Chao
Subject: FW: blue pheasant
-----Original Messagem--
from: terry hertel [mailto:waxman@pacbell.net]
Sent: Tuesday, September 12, 2006 10:37 AM
To: City of Cupertino Planning Dept.
Subject: blue pheasant
The original agreement in allowing the new owner to take over was all about the hours. This is what we
addressed explicitly that the hours had to be kept at 11 :00.
As it goes he closes his door to new patrons at 11 :00. That is also last call. At last call you can purchase a few
drinks and they allow you to stay until 12:00am.
I spoke with the new owner this last Friday night. For some reason I decided to check out the place.
THE PARKING HAS IMPROVED AND WE NEIGHBORS UP ON BYRNE ARE NOT SEEING ALL SORTS OF
CARS PARKED ON OUR STREET AT ALL HOURS OF THE NIGHT.
We have also noticed a reduction of alcohol related debris thrown on the SIDEWALKS AND BIKE PATH. ( I do
see more debris on weekends on the path) I still see people drinking in there cars prior to going into the place.
They then deposit the empty bottles and cases of beer onto the bike path.
The noise factor coming up the hill is allowing us to get two extra hours of sleep when most people sleep. Most of
us go to sleep at around eleven. The timing is perfect as we have all noticed the improvement.
I believe the average age of the people surrounding is 55 and up, a consideration needed to be addressed.
As I spoke with Mike at the door, I did not know about his request until he said he was going to the city to get the
hours extended.
I told mike that we have seen and improvement with less cars parked on our street. I also told him about the noise
reduction. Mike stated that he could care less about the parking and noise. He was not getting enough
people.........hmmmmm, the place was full and the bar tenders were maxed out in performance.
I have noticed that his lunch and dinner business is way off. it is obvious that the quality of food and service are
not up to community standards. This is where he is falling.
Now that we have an attorney familiar with the community and situation, is it now necessary to get him to
represent the neighbors?
Please let me know.
Terry Hertel
10015 Byrne Avenue
Monta Vista, Ca. 95014
9/21/2006
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~~____'____'__~.' ..______.__.___ _.~._~___,__~".--~_-~"_..~~,__.___---"-.--_----. n_... _._ ___...__.____,_.__~___..._...___.'"__n..'..._."'_c____n...___..._ ___._.~_~,___ ~_..__._nn._c."_____,.._.__..
Gary Chao
From: Kiersa Witt on behalf of City of Cupertino Planning Dept.
Sent: Tuesday, September 12, 2006 11 :15 AM
To: Gary Chao
Subject: FW: MCA-2006_03 Public Hearing Comments
-----Original Message-----
From: WestDennis@aol.com [mailto:WestDennis@aol.com]
Sent: Monday, September 11, 20064:44 PM
To: City of Cupertino Planning Dept.
Subject: MCA-2006_03 Public Hearing Comments
Planning Commission,
MCA-2006-03
APN: 357-10-007
New conditional use in zoning district that would allow the Blue Pheasant to operate until midnight, subject to
conditional use permit.
Comments.
I have been a resident of Cupertino since 1975 (31 years) and drive by the Blue Pheasant at all hours to reach my home off
Foothill Blvd.
Even though I see many cars at times, the Blue Pheasant always looks like a peaceful place.
I have been to several Lockheed Martin dinners that were very good.
Based on my past experience, I would vote to allow the Blue Pheasant to stay open until midnight.
It is hoped that a majority of the Cupertino Planning Commission will vote to allow the Blue Pheasant to stay open
until midnight.
Thanks,
Dennis
Dennis L. West
10670 Cordova Road
Cupertino, CA 95014-3912
Telephone: (408) 255-2077
E-mail: WestDennis@aol.com
9/2112006
4 -\ ou
Gary Chao
From:
Sent:
To:
Subject:
Kiersa Witt on behalf of City of Cupertino Planning Dept.
Tuesday, September 12, 2006 11: 13 AM
Gary Chao
FW: Against Blue Pheasant to operate unitil midnight
-----original Message-----
From: Albert Young [mailto:ayoung212@sbcglobal.net]
Sent: Friday, September 08, 2006 10:54 PM
To City of Cupertino Planning Dept,
Subject: Against Blue Pheasant to operate unitil midnight
Dear Sir/Madam,
I won't be able to attend the meeting on 9/26 concerning the application MCA-2006-03. I
would like to speak against allowing the Blue Pheasant to operate until midnight.
When I drive by Blue Pheasant at about 9:00 pm especially on weekends, there are many cars
parking on Stevens Creek Blvd. and people wandering around making noise.
Extending Blue Pheasant operation time would even disturb the neighborhood more.
The surrounding area is supposed to be a quiet neighborhood. However, their operation
brings in people who would like to make troubles.
So, I strongly against to allow Blue Pheasant to operate until midnight.
Thanks for your attention,
Albert Young,
Cupertino resident.
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